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e-CFR
Data is current as of November 12, 2010

Title 14:
Aeronautics and Space

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PART 26—CONTINUED AIRWORTHINESS AND SAFETY IMPROVEMENTS FOR TRANSPORT
CATEGORY AIRPLANES

Section Contents

Subpart
A—General
§ 26.1   Purpose
and scope.
§ 26.3   Definitions.
§ 26.5   Applicability
table.

Subpart
B—Enhanced Airworthiness Program for Airplane
Systems
§ 26.11   Electrical
wiring interconnection systems (EWIS) maintenance
program.

Subpart
C [Reserved]

Subpart
D—Fuel Tank Flammability
§ 26.31   Definitions.
§ 26.33   Holders
of type certificates: Fuel tank flammability.
§ 26.35   Changes
to type certificates affecting fuel tank flammability.
§ 26.37   Pending
type certification projects: Fuel tank flammability.
§ 26.39   Newly
produced airplanes: Fuel tank flammability.

Subpart
E—Aging Airplane Safety—Damage Tolerance Data for Repairs and
Alterations
§ 26.41   Definitions.
§ 26.43   Holders
of and applicants for type certificates—Repairs.
§ 26.45   Holders
of type certificates—Alterations and repairs to
alterations.
§ 26.47   Holders
of and applicants for a supplemental type certificate—Alterations and
repairs to alterations.
§ 26.49   Compliance
plan.

Authority:   49 U.S.C. 106(g), 40113,
44701, 44702 and 44704.

Source:   Docket No. FAA–2004–18379, 72
FR 63409, Nov. 8, 2007, unless otherwise noted.

Subpart A—General

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§ 26.1   Purpose and scope.

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(a) This part establishes requirements for support of the continued
airworthiness of and safety improvements for transport category airplanes.
These requirements may include performing assessments, developing design
changes, developing revisions to Instructions for Continued Airworthiness
(ICA), and making necessary documentation available to affected persons.
Requirements of this part that establish standards for design changes and
revisions to the ICA are considered airworthiness requirements.

(b) Except as provided in paragraph (c) of this section, this part
applies to the following persons, as specified in each subpart of this
part:

(1) Holders of type certificates and supplemental type
certificates.

(2) Applicants for type certificates and supplemental type certificates
and changes to those certificates (including service bulletins describing
design changes).

(3) Persons seeking design approval for airplane repairs, alterations,
or modifications that may affect airworthiness.

(4) Holders of type certificates and their licensees producing new
airplanes.

(c) An applicant for approval of a design change is not required to
comply with any applicable airworthiness requirement of this part if the
applicant elects or is required to comply with a corresponding amendment
to part 25 of this chapter that is adopted concurrently or after that
airworthiness requirement.

(d) For the purposes of this part, the word “type certificate” does not
include supplemental type certificates.

§ 26.3   Definitions.

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For the purposes of this part:

FAA Oversight Office is the aircraft certification office or
office of the Transport Airplane Directorate with oversight responsibility
for the relevant type certificate, supplemental type certificate, or
manufacturer, as determined by the Administrator.

§ 26.5   Applicability table.

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Table 1 of this section provides an overview of the applicability of
this part. It provides guidance in identifying what sections apply to
various types of entities. The specific applicability of each subpart and
section is specified in the regulatory text.

Table 1—Applicability of Part 26 Rules

Applicable sections

Subpart B

Subpart D

Subpart E

EAPAS/FTS

Fuel tank flammability

Damage tolerance data

Effective date of
rule

December 10, 2007

December 26, 2008

January 11, 2008

Existing1TC
Holders

26.11

26.33

26.43, 26.45, 26.49

Pending1TC
Applicants

26.11

26.37

26.43, 26.45

Existing1STC
Holders

N/A

26.35

26.47, 26.49

Pending1STC/ATC
Applicants

26.11

26.35

26.45, 26.47, 26.49

Future2STC/ATC
Applicants

26.11

26.35

26.45, 26.47, 26.49

Manufacturers

N/A

26.39

N/A

1As of the effective date of the identified
rule.

2Application made after the effective date
of the identified rule.

[Doc. No. FAA–2005–22997, 74 FR 31618, July 2, 2009]

Subpart B—Enhanced Airworthiness Program for Airplane
Systems

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§ 26.11   Electrical wiring interconnection
systems (EWIS) maintenance program.

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(a) Except as provided in paragraph (g) of this section, this section
applies to transport category, turbine-powered airplanes with a type
certificate issued after January 1, 1958, that, as a result of the
original certification, or later increase in capacity, have—

(1) A maximum type-certificated passenger capacity of 30 or more or

(2) A maximum payload capacity of 7,500 pounds or more.

(b) Holders of, and applicants for, type certificates, as identified in
paragraph (d) of this section must develop Instructions for Continued
Airworthiness (ICA) for the representative airplane's EWIS in accordance
with part 25, Appendix H paragraphs H25.5(a)(1) and (b) of this subchapter
in effect on December 10, 2007 for each affected type design, and submit
those ICA for review and approval by the FAA Oversight Office. For
purposes of this section, the “representative airplane” is the
configuration of each model series airplane that incorporates all
variations of EWIS used in production on that series airplane, and all
TC-holder-designed modifications mandated by airworthiness directive as of
the effective date of this rule. Each person specified in paragraph (d) of
this section must also review any fuel tank system ICA developed by that
person to comply with SFAR 88 to ensure compatibility with the EWIS ICA,
including minimizing redundant requirements.

(c) Applicants for amendments to type certificates and supplemental
type certificates, as identified in paragraph (d) of this section,
must:

(1) Evaluate whether the design change for which approval is sought
necessitates a revision to the ICA required by paragraph (b) of this
section to comply with the requirements of Appendix H, paragraphs
H25.5(a)(1) and (b). If so, the applicant must develop and submit the
necessary revisions for review and approval by the FAA Oversight
Office.

(2) Ensure that any revised EWIS ICA remain compatible with any fuel
tank system ICA previously developed to comply with SFAR 88 and any
redundant requirements between them are minimized.

(d) The following persons must comply with the requirements of
paragraph (b) or (c) of this section, as applicable, before the dates
specified.

(1) Holders of type certificates (TC): December 10, 2009.

(2) Applicants for TCs, and amendments to TCs (including service
bulletins describing design changes), if the date of application was
before December 10, 2007 and the certificate was issued on or after
December 10, 2007: December 10, 2009 or the date the certificate is
issued, whichever occurs later.

(3) Unless compliance with §25.1729 of this subchapter is required or
elected, applicants for amendments to TCs, if the application was filed on
or after December 10, 2007: December 10, 2009, or the date of approval of
the certificate, whichever occurs later.

(4) Applicants for supplemental type certificates (STC), including
changes to existing STCs, if the date of application was before December
10, 2007 and the certificate was issued on or after December 10, 2007:
June 7, 2010, or the date of approval of the certificate, whichever occurs
later.

(5) Unless compliance with §25.1729 of this subchapter is required or
elected, applicants for STCs, including changes to existing STCs, if the
application was filed on or after December 10, 2007, June 7, 2010, or the
date of approval of the certificate, whichever occurs later.

(e) Each person identified in paragraphs (d)(1), (d)(2), and (d)(4) of
this section must submit to the FAA Oversight Office for approval a
compliance plan by March 10, 2008. The compliance plan must include the
following information:

(1) A proposed project schedule, identifying all major milestones, for
meeting the compliance dates specified in paragraph (d) of this
section.

(2) A proposed means of compliance with this section, identifying all
required submissions, including all compliance items as mandated in part
25, Appendix H paragraphs H25.5(a)(1) and (b) of this subchapter in effect
on December 10, 2007, and all data to be developed to substantiate
compliance.

(3) A proposal for submitting a draft of all compliance items required
by paragraph (e)(2) of this section for review by the FAA Oversight Office
not less than 60 days before the compliance time specified in paragraph
(d) of this section.

(4) A proposal for how the approved ICA will be made available to
affected persons.

(f) Each person specified in paragraph (e) must implement the
compliance plan, or later approved revisions, as approved in compliance
with paragraph (e) of this section.

(g) This section does not apply to the following airplane models:

(1) Lockheed L–188

(2) Bombardier CL–44

(3) Mitsubishi YS–11

(4) British Aerospace BAC 1–11

(5) Concorde

(6) deHavilland D.H. 106 Comet 4C

(7) VFW—Vereinigte Flugtechnische Werk VFW–614

(8) Illyushin Aviation IL 96T

(9) Bristol Aircraft Britannia 305

(10) Handley Page Herald Type 300

(11) Avions Marcel Dassault—Breguet Aviation Mercure 100C

(12) Airbus Caravelle

(13) Lockheed L–300

[Amdt. 26–0, 72 FR 63409, Nov. 8, 2007; 72 FR 68618, Dec. 5,
2007]

Subpart C [Reserved]

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Subpart D—Fuel Tank Flammability

top

Source:   Docket No. FAA–2005–22997, 73
FR 42499, July 21, 2008, unless otherwise noted.

§ 26.31   Definitions.

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For purposes of this subpart—

(a) Fleet Average Flammability Exposure has the meaning defined
in Appendix N of part 25 of this chapter.

(b) Normally Emptied means a fuel tank other than a Main Fuel
Tank. Main Fuel Tank is defined in 14 CFR 25.981(b).

§ 26.33   Holders of type certificates: Fuel tank
flammability.

top

(a) Applicability . This section applies to U.S. type
certificated transport category, turbine-powered airplanes, other than
those designed solely for all-cargo operations, for which the State of
Manufacture issued the original certificate of airworthiness or export
airworthiness approval on or after January 1, 1992, that, as a result of
original type certification or later increase in capacity have:

(1) A maximum type-certificated passenger capacity of 30 or more,
or

(2) A maximum payload capacity of 7,500 pounds or more.

(b) Flammability Exposure Analysis . (1) General . Within
150 days after December 26, 2008, holders of type certificates must submit
for approval to the FAA Oversight Office a flammability exposure analysis
of all fuel tanks defined in the type design, as well as all design
variations approved under the type certificate that affect flammability
exposure. This analysis must be conducted in accordance with Appendix N of
part 25 of this chapter.

(2) Exception . This paragraph (b) does not apply to—

(i) Fuel tanks for which the type certificate holder has notified the
FAA under paragraph (g) of this section that it will provide design
changes and service instructions for Flammability Reduction Means or an
Ignition Mitigation Means (IMM) meeting the requirements of paragraph (c)
of this section.

(ii) Fuel tanks substantiated to be conventional unheated aluminum wing
tanks.

(c) Design Changes . For fuel tanks with a Fleet Average
Flammability Exposure exceeding 7 percent, one of the following design
changes must be made.

(1) Flammability Reduction Means (FRM) . A means must be
provided to reduce the fuel tank flammability.

(i) Fuel tanks that are designed to be Normally Emptied must meet the
flammability exposure criteria of Appendix M of part 25 of this chapter if
any portion of the tank is located within the fuselage contour.

(ii) For all other fuel tanks, the FRM must meet all of the
requirements of Appendix M of part 25 of this chapter, except, instead of
complying with paragraph M25.1 of this appendix, the Fleet Average
Flammability Exposure may not exceed 7 percent.

(2) Ignition Mitigation Means (IMM) . A means must be provided
to mitigate the effects of an ignition of fuel vapors within the fuel tank
such that no damage caused by an ignition will prevent continued safe
flight and landing.

(d) Service Instructions . No later than December 27, 2010,
holders of type certificates required by paragraph (c) of this section to
make design changes must meet the requirements specified in either
paragraph (d)(1) or (d)(2) of this section. The required service
instructions must identify each airplane subject to the applicability
provisions of paragraph (a) of this section.

(1) FRM . The type certificate holder must submit for approval
by the FAA Oversight Office design changes and service instructions for
installation of fuel tank flammability reduction means (FRM) meeting the
criteria of paragraph (c) of this section.

(2) IMM . The type certificate holder must submit for approval
by the FAA Oversight Office design changes and service instructions for
installation of fuel tank IMM that comply with 14 CFR 25.981(c) in effect
on December 26, 2008.

(e) Instructions for Continued Airworthiness (ICA) . No later
than December 27, 2010, holders of type certificates required by paragraph
(c) of this section to make design changes must submit for approval by the
FAA Oversight Office, critical design configuration control limitations
(CDCCL), inspections, or other procedures to prevent increasing the
flammability exposure of any tanks equipped with FRM above that permitted
under paragraph (c)(1) of this section and to prevent degradation of the
performance of any IMM provided under paragraph (c)(2) of this section.
These CDCCL, inspections, and procedures must be included in the
Airworthiness Limitations Section (ALS) of the ICA required by 14 CFR
25.1529 or paragraph (f) of this section. Unless shown to be
impracticable, visible means to identify critical features of the design
must be placed in areas of the airplane where foreseeable maintenance
actions, repairs, or alterations may compromise the critical design
configuration limitations. These visible means must also be identified as
a CDCCL.

(f) Airworthiness Limitations . Unless previously accomplished,
no later than December 27, 2010, holders of type certificates affected by
this section must establish an ALS of the maintenance manual or ICA for
each airplane configuration evaluated under paragraph (b)(1) of this
section and submit it to the FAA Oversight Office for approval. The ALS
must include a section that contains the CDCCL, inspections, or other
procedures developed under paragraph (e) of this section.

(g) Compliance Plan for Flammability Exposure Analysis . Within
90 days after December 26, 2008, each holder of a type certificate
required to comply with paragraph (b) of this section must submit to the
FAA Oversight Office a compliance plan consisting of the following:

(1) A proposed project schedule for submitting the required analysis,
or a determination that compliance with paragraph (b) of this section is
not required because design changes and service instructions for FRM or
IMM will be developed and made available as required by this section.

(2) A proposed means of compliance with paragraph (b) of this section,
if applicable.

(h) Compliance Plan for Design Changes and Service Instructions
. Within 210 days after December 26, 2008, each holder of a type
certificate required to comply with paragraph (d) of this section must
submit to the FAA Oversight Office a compliance plan consisting of the
following:

(1) A proposed project schedule, identifying all major milestones, for
meeting the compliance dates specified in paragraphs (d), (e) and (f) of
this section.

(2) A proposed means of compliance with paragraphs (d), (e) and (f) of
this section.

(3) A proposal for submitting a draft of all compliance items required
by paragraphs (d), (e) and (f) of this section for review by the FAA
Oversight Office not less than 60 days before the compliance times
specified in those paragraphs.

(4) A proposal for how the approved service information and any
necessary modification parts will be made available to affected
persons.

(i) Each affected type certificate holder must implement the compliance
plans, or later revisions, as approved under paragraph (g) and (h) of this
section.

[Doc. No. FAA–2005–22997, 73 FR 42499, July 21, 2008, as amended by
Amdt. 26–3, 74 FR 31619, July 2, 2009]

§ 26.35   Changes to type certificates affecting
fuel tank flammability.

top

(a) Applicability . This section applies to holders and
applicants for approvals of the following design changes to any airplane
subject to 14 CFR 26.33(a):

(1) Any fuel tank designed to be Normally Emptied if the fuel tank
installation was approved pursuant to a supplemental type certificate or a
field approval before December 26, 2008;

(2) Any fuel tank designed to be Normally Emptied if an application for
a supplemental type certificate or an amendment to a type certificate was
made before December 26, 2008 and if the approval was not issued before
December 26, 2008; and

(3) If an application for a supplemental type certificate or an
amendment to a type certificate is made on or after December 26, 2008, any
of the following design changes:

(i) Installation of a fuel tank designed to be Normally Emptied,

(ii) Changes to existing fuel tank capacity, or

(iii) Changes that may increase the flammability exposure of an
existing fuel tank for which FRM or IMM is required by §26.33(c).

(b) Flammability Exposure Analysis —(1) General . By the
times specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this section,
each person subject to this section must submit for approval a
flammability exposure analysis of the auxiliary fuel tanks or other
affected fuel tanks, as defined in the type design, to the FAA Oversight
Office. This analysis must be conducted in accordance with Appendix N of
part 25 of this chapter.

(i) Holders of supplemental type certificates and field approvals:
Within 12 months of December 26, 2008,

(ii) Applicants for supplemental type certificates and for amendments
to type certificates: Within 12 months after December 26, 2008, or before
the certificate is issued, whichever occurs later.

(2) Exception . This paragraph does not apply to—

(i) Fuel tanks for which the type certificate holder, supplemental type
certificate holder, or field approval holder has notified the FAA under
paragraph (f) of this section that it will provide design changes and
service instructions for an IMM meeting the requirements of §25.981(c) in
effect December 26, 2008; and

(ii) Fuel tanks substantiated to be conventional unheated aluminum wing
tanks.

(c) Impact Assessment . By the times specified in paragraphs
(c)(1) and (c)(2) of this section, each person subject to paragraph (a)(1)
of this section holding an approval for installation of a Normally Emptied
fuel tank on an airplane model listed in Table 1 of this section, and each
person subject to paragraph (a)(3)(iii) of this section, must submit for
approval to the FAA Oversight Office an assessment of the fuel tank
system, as modified by their design change. The assessment must identify
any features of the design change that compromise any critical design
configuration control limitation (CDCCL) applicable to any airplane on
which the design change is eligible for installation.

(1) Holders of supplemental type certificates and field approvals:
Before June 26, 2011.

(2) Applicants for supplemental type certificates and for amendments to
type certificates: Before June 26, 2011 or before the certificate is
issued, whichever occurs later.

Table 1

Model—Boeing

747 Series

737 Series

777 Series

767 Series

757 Series

Model—Airbus

A318, A319, A320, A321
Series

A300, A310 Series

A330, A340
Series

(d) Design Changes and Service Instructions . By the times
specified in paragraph (e) of this section, each person subject to this
section must meet the requirements of paragraphs (d)(1) or (d)(2) of this
section, as applicable.

(1) For holders and applicants subject to paragraph (a)(1) or
(a)(3)(iii) of this section, if the assessment required by paragraph (c)
of this section identifies any features of the design change that
compromise any CDCCL applicable to any airplane on which the design change
is eligible for installation, the holder or applicant must submit for
approval by the FAA Oversight Office design changes and service
instructions for Flammability Impact Mitigation Means (FIMM) that would
bring the design change into compliance with the CDCCL. Any fuel tank
modified as required by this paragraph must also be evaluated as required
by paragraph (b) of this section.

(2) Applicants subject to paragraph (a)(2), or (a)(3)(i) of this
section must comply with the requirements of 14 CFR 25.981, in effect on
December 26, 2008.

(3) Applicants subject to paragraph (a)(3)(ii) of this section must
comply with the requirements of 14 CFR 26.33.

(e) Compliance Times for Design Changes and Service Instructions
. The following persons subject to this section must comply with the
requirements of paragraph (d) of this section at the specified times.

(1) Holders of supplemental type certificates and field approvals:
Before December 26, 2012.

(2) Applicants for supplemental type certificates and for amendments to
type certificates: Before December 26, 2012, or before the certificate is
issued, whichever occurs later.

(f) Compliance Planning . By the applicable date specified in
Table 2 of this section, each person subject to paragraph (a)(1) of this
section must submit for approval by the FAA Oversight Office compliance
plans for the flammability exposure analysis required by paragraph (b) of
this section, the impact assessment required by paragraph (c) of this
section, and the design changes and service instructions required by
paragraph (d) of this section. Each person's compliance plans must include
the following:

(1) A proposed project schedule for submitting the required analysis or
impact assessment.

(2) A proposed means of compliance with paragraph (d) of this
section.

(3) For the requirements of paragraph (d) of this section, a proposal
for submitting a draft of all design changes, if any are required, and
Airworthiness Limitations (including CDCCLs) for review by the FAA
Oversight Office not less than 60 days before the compliance time
specified in paragraph (e) of this section.

(4) For the requirements of paragraph (d) of this section, a proposal
for how the approved service information and any necessary modification
parts will be made available to affected persons.

Table 2—Compliance Planning Dates

Flammability exposure analysis
plan

Impact assessment plan

Design changes and service
instructions plan

STC and Field Approval
Holders

March 26, 2009

February 26, 2011

August 26,
2011.

(g) Each person subject to this section must implement the compliance
plans, or later revisions, as approved under paragraph (f) of this
section.

[Doc. No. FAA–2005–22997, 73 FR 42499, July 21, 2008, as amended by
Amdt. 26–3, 74 FR 31619, July 2, 2009]

§ 26.37   Pending type certification projects:
Fuel tank flammability.

top

(a) Applicability . This section applies to any new type
certificate for a transport category airplane, if the application was made
before December 26, 2008, and if the certificate was not issued before
December 26, 2008. This section applies only if the airplane would
have—

(1) A maximum type-certificated passenger capacity of 30 or more,
or

(2) A maximum payload capacity of 7,500 pounds or more.

(b) If the application was made on or after June 6, 2001, the
requirements of 14 CFR 25.981 in effect on December 26, 2008, apply.

[Doc. No. FAA–2005–22997, 73 FR 42499, July 21, 2008, as amended by
Amdt. 26–3, 74 FR 31619, July 2, 2009]

§ 26.39   Newly produced airplanes: Fuel tank
flammability.

top

(a) Applicability: This section applies to Boeing model
airplanes specified in Table 1 of this section, including passenger and
cargo versions of each model, when application is made for original
certificates of airworthiness or export airworthiness approvals after
December 27, 2010.

Table 1

Model—Boeing

747 Series

737 Series

777 Series

767
Series

(b) Any fuel tank meeting all of the criteria stated in paragraphs
(b)(1), (b)(2) and (b)(3) of this section must have flammability reduction
means (FRM) or ignition mitigation means (IMM) that meet the requirements
of 14 CFR 25.981 in effect on December 26, 2008.

(1) The fuel tank is Normally Emptied.

(2) Any portion of the fuel tank is located within the fuselage
contour.

(3) The fuel tank exceeds a Fleet Average Flammability Exposure of 7
percent.

(c) All other fuel tanks that exceed an Fleet Average Flammability
Exposure of 7 percent must have an IMM that meets 14 CFR 25.981(d) in
effect on December 26, 2008, or an FRM that meets all of the requirements
of Appendix M to this part, except instead of complying with paragraph
M25.1 of that appendix, the Fleet Average Flammability Exposure may not
exceed 7 percent.

[Doc. No. FAA–2005–22997, 73 FR 42499, July 21, 2008, as amended by
Amdt. 26–3, 74 FR 31619, July 2, 2009]

Subpart E—Aging Airplane Safety—Damage Tolerance Data for Repairs and
Alterations

top

Source:   Docket No. FAA–2005–21693, 72
FR 70505, Dec. 12, 2007, unless otherwise noted.

§ 26.41   Definitions.

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Affects (or Affected) means structure has been physically
repaired, altered, or modified, or the structural loads acting on the
structure have been increased or redistributed.

Baseline structure means structure that is designed under the
original type certificate or amended type certificate for that airplane
model.

Damage Tolerance Evaluation (DTE) means a process that leads to
a determination of maintenance actions necessary to detect or preclude
fatigue cracking that could contribute to a catastrophic failure. As
applied to repairs and alterations, a DTE includes the evaluation both of
the repair or alteration and of the fatigue critical structure affected by
the repair or alteration.

Damage Tolerance Inspection (DTI) means the inspection developed
as a result of a DTE. A DTI includes the areas to be inspected, the
inspection method, the inspection procedures, including acceptance and
rejection criteria, the threshold, and any repeat intervals associated
with those inspections. The DTI may specify a time limit when a repair or
alteration needs to be replaced or modified. If the DTE concludes that
DT-based supplemental structural inspections are not necessary, the DTI
contains a statement to that effect.

DT data mean DTE documentation and the DTI.

DTE documentation means data that identify the evaluated fatigue
critical structure, the basic assumptions applied in a DTE, and the
results of a DTE.

Fatigue critical structure means airplane structure that is
susceptible to fatigue cracking that could contribute to a catastrophic
failure, as determined in accordance with §25.571 of this chapter. Fatigue
critical structure includes structure, which, if repaired or altered,
could be susceptible to fatigue cracking and contribute to a catastrophic
failure. Such structure may be part of the baseline structure or part of
an alteration.

Implementation schedule consists of documentation that
establishes the timing for accomplishing the necessary actions for
developing DT data for repairs and alterations, and for incorporating
those data into an operator's continuing airworthiness maintenance
program. The documentation must identify times when actions must be taken
as specific numbers of airplane flight hours, flight cycles, or both.

Published repair data mean instructions for accomplishing
repairs, which are published for general use in structural repair manuals
and service bulletins (or equivalent types of documents).

§ 26.43   Holders of and applicants for type
certificates—Repairs.

top

(a) Applicability. Except as specified in paragraph (g) of this
section, this section applies to transport category, turbine powered
airplane models with a type certificate issued after January 1, 1958, that
as a result of original type certification or later increase in capacity
have—

(1) A maximum type certificated passenger seating capacity of 30 or
more; or

(2) A maximum payload capacity of 7,500 pounds or more.

(b) List of fatigue critical baseline structure. For airplanes
specified in paragraph (a) of this section, the holder of or applicant for
a type certificate must—

(1) Identify fatigue critical baseline structure for all airplane model
variations and derivatives approved under the type certificate; and

(2) Develop and submit to the FAA Oversight Office for review and
approval, a list of the structure identified under paragraph (b)(1) of
this section and, upon approval, make the list available to persons
required to comply with §26.47 and §§121.1109 and 129.109 of this
chapter.

(c) Existing and future published repair data. For repair data
published by a holder of a type certificate that is current as of January
11, 2008 and for all later published repair data, the holder of a type
certificate must—

(1) Review the repair data and identify each repair specified in the
data that affects fatigue critical baseline structure identified under
paragraph (b)(1) of this section;

(2) Perform a DTE and develop the DTI for each repair identified under
paragraph (c)(1) of this section, unless previously accomplished;

(3) Submit the DT data to the FAA Oversight Office or its properly
authorized designees for review and approval; and

(4) Upon approval, make the DTI available to persons required to comply
with §§121.1109 and 129.109 of this chapter.

(d) Future repair data not published. For repair data developed
by a holder of a type certificate that are approved after January 11, 2008
and are not published, the type certificate holder must accomplish the
following for repairs specified in the repair data that affect fatigue
critical baseline structure:

(1) Perform a DTE and develop the DTI.

(2) Submit the DT data required in paragraph (d)(1) of this section for
review and approval by the FAA Oversight Office or its properly authorized
designees.

(3) Upon approval, make the approved DTI available to persons required
to comply with §§121.1109 and 129.109 of this chapter.

(e) Repair evaluation guidelines. Except for airplane models
whose type certificate is issued after January 11, 2008, holders of a type
certificate for each airplane model subject to this section must—

(1) Develop repair evaluation guidelines for operators' use that
include—

(i) A process for conducting surveys of affected airplanes that will
enable identification and documentation of all existing repairs that
affect fatigue critical baseline structure identified under paragraph
(b)(1) of this section and §26.45(b)(2);

(ii) A process that will enable operators to obtain the DTI for repairs
identified under paragraph (e)(1)(i) of this section; and

(iii) An implementation schedule for repairs covered by the repair
evaluation guidelines. The implementation schedule must identify times
when actions must be taken as specific numbers of airplane flight hours,
flight cycles, or both.

(2) Submit the repair evaluation guidelines to the FAA Oversight Office
for review and approval.

(3) Upon approval, make the guidelines available to persons required to
comply with §§121.1109 and 129.109 of this chapter.

(4) If the guidelines direct the operator to obtain assistance from the
holder of a type certificate, make such assistance available in accordance
with the implementation schedule.

(f) Compliance times. Holders of type certificates must submit
the following to the FAA Oversight Office or its properly authorized
designees for review and approval by the specified compliance time:

(1) The identified list of fatigue critical baseline structure required
by paragraph (b)(2) of this section must be submitted no later than 180
days after January 11, 2008 or before issuance of the type certificate,
whichever occurs later.

(2) For published repair data that are current as of January 11, 2008,
the DT data required by paragraph (c)(3) of this section must be submitted
by June 30, 2009.

(3) For repair data published after January 11, 2008, the DT data
required by paragraph (c)(3) of this section must be submitted before FAA
approval of the repair data.

(4) For unpublished repair data developed after January 11, 2008, the
DT data required by paragraph (d)(1) of this section must be submitted
within 12 months of the airplane's return to service or in accordance with
a schedule approved by the FAA Oversight Office.

(5) The repair evaluation guidelines required by paragraph (e)(1) of
this section must be submitted by December 30, 2009.

(g) Exceptions. The requirements of this section do not apply to
the following transport category airplane models:

(1) Convair CV–240, 340, 440, if modified to include turbine
engines.

(2) Vickers Armstrong Viscount, TCDS No. A–814.

(3) Douglas DC–3, if modified to include turbine engines, TCDS No.
A–618.

(4) Bombardier CL–44, TCDS No. 1A20.

(5) Mitsubishi YS–11, TCDS No. A1PC.

(6) British Aerospace BAC 1–11, TCDS No. A5EU.

(7) Concorde, TCDS No. A45EU.

(8) deHavilland D.H. 106 Comet 4C, TCDS No. 7A10.

(9) deHavilland DHC–7, TCDS No. A20EA.

(10) VFW-Vereinigte Flugtechnische Werk VFW–614, TCDS No. A39EU.

(11) Illyushin Aviation IL 96T, TCDS No. A54NM.

(12) Bristol Aircraft Britannia 305, TCDS No. 7A2.

(13) Handley Page Herald Type 300, TCDS No. A21N.

(14) Avions Marcel Dassault—Breguet Aviation Mercure 100C, TCDS No.
A40EU.

(15) Airbus Caravelle, TCDS No. 7A6.

(16) Lockheed L–300, TCDS No. A2S0.

(17) Boeing 707–100/–200, TCDS No. 4A21.

(18) Boeing 707–300/–400, TCDS No. 4A26.

(19) Boeing 720, TCDS No. 4A28.

[Doc. No. FAA–2005–21693, 72 FR 70505, Dec. 12, 2007, as amended by
Amdt. 26–4, 75 FR 11734, Mar. 12, 2010]

§ 26.45   Holders of type certificates—Alterations
and repairs to alterations.

top

(a) Applicability. This section applies to transport category
airplanes subject to §26.43.

(b) Fatigue critical alteration structure. For existing and
future alteration data developed by the holder of a type certificate, the
holder must—

(1) Review alteration data and identify all alterations that affect
fatigue critical baseline structure identified under §26.43(b)(1);

(2) For each alteration identified under paragraph (b)(1) of this
section, identify any fatigue critical alteration structure;

(3) Develop and submit to the FAA Oversight Office for review and
approval a list of the structure identified under paragraph (b)(2) of this
section; and

(4) Upon approval, make the list required in paragraph (b)(3) of this
section available to persons required to comply with §§121.1109 and
129.109 of this chapter.

(c) DT Data. For existing and future alteration data developed
by the holder of a type certificate that affect fatigue critical baseline
structure identified under §26.43(b)(1), unless previously accomplished,
the holder must—

(1) Perform a DTE and develop the DTI for the alteration and fatigue
critical baseline structure that is affected by the alteration;

(2) Submit the DT data developed in accordance with paragraphs (c)(1)
of this section to the FAA Oversight Office or its properly authorized
designees for review and approval; and

(3) Upon approval, make the DTI available to persons required to comply
with §§121.1109 and 129.109 of this chapter.

(d) DT Data for Repairs Made to Alterations. For existing and
future repair data developed by a holder of a type certificate, the type
certificate holder must—

(1) Review the repair data, and identify each repair that affects any
fatigue critical alteration structure identified under paragraph (b)(2) of
this section;

(2) For each repair identified under paragraph (d)(1) of this section,
unless previously accomplished, perform a DTE and develop DTI;

(3) Submit the DT data developed in accordance with paragraph (d)(2) of
this section to the FAA Oversight Office or its properly authorized
designees for review and approval; and

(4) Upon approval, make the DTI available to persons required to comply
with §§121.1109 and 129.109 of this chapter.

(e) Compliance times. Holders of type certificates must submit
the following to the FAA Oversight Office or its properly authorized
designees for review and approval by the specified compliance time:

(1) The list of fatigue critical alteration structure identified under
paragraph (b)(3) of this section must be submitted—

(i) No later than 360 days after January 11, 2008, for alteration data
approved before January 11, 2008.

(ii) No later than 30 days after March 12, 2010 or before initial
approval of the alteration data, whichever occurs later, for alteration
data approved on or after January 11, 2008.

(2) For alteration data developed and approved before January 11, 2008,
the DT data required by paragraph (c)(2) of this section must be submitted
by June 30, 2009.

(3) For alteration data approved on or after January 11, 2008, DT data
required by paragraph (c)(2) of this section must be submitted before
initial approval of the alteration data.

(4) For repair data developed and approved before January 11, 2008, the
DT data required by paragraph (d)(2) of this section must be submitted by
June 30, 2009.

(5) For repair data developed and approved after January 11, 2008, the
DT data required by paragraph (d)(2) of this section must be submitted
within 12 months after initial approval of the repair data and before
making the DT data available to persons required to comply with §§121.1109
and 129.109 of this chapter.

[Doc. No. FAA–2005–21693, 72 FR 70505, Dec. 12, 2007, as amended by
Amdt. 26–4, 75 FR 11734, Mar. 12, 2010]

§ 26.47   Holders of and applicants for a
supplemental type certificate—Alterations and repairs to
alterations.

top

(a) Applicability. This section applies to transport category
airplanes subject to §26.43.

(b) Fatigue critical alteration structure. For existing
structural alteration data approved under a supplemental certificate, the
holder of the supplemental certificate must—

(1) Review the alteration data and identify all alterations that affect
fatigue critical baseline structure identified under §26.43(b)(1);

(2) For each alteration identified under paragraph (b)(1) of this
section, identify any fatigue critical alteration structure;

(3) Develop and submit to the FAA Oversight Office for review and
approval a list of the structure identified under paragraph (b)(2) of this
section; and

(4) Upon approval, make the list required in paragraph (b)(3) of this
section available to persons required to comply with §§121.1109 and
129.109 of this chapter.

(c) DT Data. For existing and future alteration data developed
by the holder of a supplemental type certificate that affect fatigue
critical baseline structure identified under §26.43(b)(1), unless
previously accomplished, the holder of a supplemental type certificate
must—

(1) Perform a DTE and develop the DTI for the alteration and fatigue
critical baseline structure that is affected by the alteration;

(2) Submit the DT data developed in accordance with paragraphs (c)(1)
of this section to the FAA Oversight Office or its properly authorized
designees for review and approval; and

(3) Upon approval, make the DTI available to persons required to comply
with §§121.1109 and 129.109 of this chapter.

(d) DT Data for Repairs Made to Alterations. For existing and
future repair data developed by the holder of a supplemental holder of a
supplemental type certificate, the holder of a supplemental type
certificate must—

(1) Review the repair data, and identify each repair that affects any
fatigue critical alteration structure identified under paragraph (b)(2) of
this section;

(2) For each repair identified under paragraph (d)(1) of this section,
unless previously accomplished, perform a DTE and develop DTI;

(3) Submit the DT data developed in accordance with paragraph (d)(2) of
this section to the FAA Oversight Office or its properly authorized
designees for review and approval; and

(4) Upon approval, make the DTI available to persons required to comply
with §§121.1109 and 129.109 of this chapter.

(e) Compliance times. Holders of supplemental type certificates
must submit the following to the FAA Oversight Office or its properly
authorized designees for review and approval by the specified compliance
time:

(1) The list of fatigue critical alteration structure required by
paragraph (b)(3) of this section must be submitted no later than 360 days
after January 11, 2008.

(2) For alteration data developed and approved before January 11, 2008,
the DT data required by paragraph (c)(2) of this section must be submitted
by June 30, 2009.

(3) For alteration data developed after January 11, 2008, the DT data
required by paragraph (c)(2) of this section must be submitted before
approval of the alteration data and making it available to persons
required to comply with §§121.1109 and 129.109 of this chapter.

(4) For repair data developed and approved before January 11, 2008, the
DT data required by paragraph (d)(2) of this section must be submitted by
June 30, 2009.

(5) For repair data developed and approved after January 11, 2008, the
DT data required by paragraph (d)(2) of this section, must be submitted
within 12 months after initial approval of the repair data and before
making the DT data available to persons required to comply with §§121.1109
and 129.109 of this chapter.

§ 26.49   Compliance plan.

top

(a) Compliance plan. Except for applicants for type certificates
and supplemental type certificates whose applications are submitted after
January 11, 2008, each person identified in §§26.43, 26.45, and 26.47,
must submit a compliance plan consisting of the following:

(1) A project schedule identifying all major milestones for meeting the
compliance times specified in §§26.43(f), 26.45(e), and 26.47(e), as
applicable.

(2) A proposed means of compliance with §§26.43, 26.45, and 26.47, as
applicable.

(3) A plan for submitting a draft of all compliance items required by
this subpart for review by the FAA Oversight Office not less than 60 days
before the applicable compliance date.

(b) Compliance dates for compliance plans. The following persons
must submit the compliance plan described in paragraph (a) of this section
to the FAA Oversight Office for approval on the following schedule:

(1) For holders of type certificates, no later than 90 days after
January 11, 2008.

(2) For holders of supplemental type certificates no later than 180
days after January 11, 2008.

(3) For applicants for changes to type certificates whose application
are submitted before January 11, 2008, no later than 180 days after
January 11, 2008.

(c) Compliance Plan Implementation. Each affected person must
implement the compliance plan as approved in compliance with paragraph (a)
of this section.

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